A special use is a land use that is not permitted by right within a zoning district but may be allowed subject to review and approval by the town, and only when specific conditions are met to ensure compatibility with surrounding uses and the intent of the zone. Special uses require the applicant to demonstrate that the use: will not create adverse impacts to public health, safety or welfare; can be operated in harmony with the general character of the area; complies with all condition of approval imposed by the town to mitigate potential impacts; and complies with the currently adopted International Building Code (IBC), International Fire Code (IFC), International Mechanical Code (IMC) and all other applicable state and federal regulations, as adopted and amended by the state and the town. All special use applicants must submit to a building code and fire code inspection prior to obtaining any town approvals.
(A) Aircraft construction, service and sales (special use).
(1) Spray finishing operations shall comply with IFC Chapter 24 (Flammable Finishes) and IBC Group S-1 construction requirements, including provisions for spray booths, ventilation, explosion protection, electrical classification and fire suppression systems.
(2) Operations limited to small aircraft with a maximum gross weight of 12,500 pounds, Electrical systems and wiring within spray areas shall comply with hazardous-location requirements of the IFC and National Electrical Code.
(3) Adequate ventilation, dust collection and noise mitigation measures shall be installed.
(B) Airframe repair/painting (special use).
(1) Comply with NFPA 33 for spray application and NFPA 409 for hangars;
(2) Limit operations to small aircraft with a total gross weight limit of 12,500 pounds;
(3) Hazardous location electrical compliance, and approved fire suppression systems; and
(4) Adequate ventilation, dust collection and noise mitigation measures shall be installed.
(C) Engine repair (special use). Limited to repair and maintenance of small aircraft engines with a total gross weight limit of 12,500 pounds.
(1) Hazardous materials storage in accordance with IFC; and
(2) Noise mitigation measures required to reduce impact on surrounding areas.
(D) Fuel storage (fuel farm) and dispensing facilities (special/conditional use).
(1) Purpose. To ensure that any fuel storage or dispensing facility within the WDAZ operates in compliance with FAA guidance, adopted fire codes and environmental regulations without creating undue risk to surrounding properties, people or aviation operations.
(2) Code compliance. Facilities shall comply with:
(a) IFC Chapter 23 (Motor Fuel-Dispensing Facilities), Chapter 57 (Flammable and Combustible Liquids) and related chapters, as adopted by the state; and
(b) FAA AC 150/5230-4B (Aircraft Fuel Storage, Handling, Training and Dispensing on Airports). All applicable federal and state environmental regulations, including spill prevention and secondary containment requirements.
(3) Fuel dispensers. Both fixed and mobile dispensers must meet IFC Chapter 23 requirements, grounding/bonding standards and inspection/maintenance provisions.
(4) Location and separation.
(a) Fuel farms and tanks must be sited in accordance with IFC separation tables and FAA AC 150/5230-4B; and
(b) Minimum 150-foot setback from residential property lines or public roads, or greater if required by IFC/FAA standards.
(a) Only aboveground storage tanks (ASTs) are permitted.
(b) Tanks must be double-walled or provided with approved secondary containment.
(c) Emergency venting, overfill protection and spill containment shall meet IFC and EPA requirements.
(a) Fuel areas must be fenced with controlled access.
(b) Adequate lighting and surveillance must be provided for operational safety.
(7) Operations and training.
(a) Fueling personnel must be trained and certified per FAA AC 150/5230-4B.
(b) Spill response kits must be present at all fueling points.
(a) Annual inspections required by County Fire Marshal or State Fire Marshal; and
(b) The town reserves the right to conduct inspections without prior notice.
(9) Bonding requirement. Operators must post performance/environmental bonds in an amount determined by the Town Council.
(10) Permit expiration. Special use approval expires if construction does not commence within one year or if operations cease for more than 180 days.
(11) Fuel tax reporting. All fuel sales subject to town fuel tax must be reported as required by ordinance.
(E) Private air school (special use).
(1) Certification and standards.
(a) The flight training program must operate under FAA Part 61 or Part 141 certification.
(b) Training shall be limited to small aircraft with a maximum certificated takeoff weight of 12,500 pounds or less.
(c) Training flights must be conducted under visual flight rules (VFR) and in compliance with approved airpark traffic patterns and altitudes.
(2) Ownership and operation.
(a) The flight school shall be operated by the airpark owner, or a designated operator under written authorization from the airpark entity;
(b) Operation of the flight school shall remain under the direct control and supervision of the airpark entity; and
(c) Contracting with, leasing to or otherwise allowing independent outside flight training organizations, commercial operators or collegiate flight programs to conduct training at the facility is prohibited unless specifically approved as a separate special use by the town.
(a) Flight training shall remain incidental and subordinate to the airpark’s primary use as a private general aviation facility.
(b) Touch-and-go operations may be limited, restricted to designated training periods or prohibited by the town to minimize noise and community impacts. Touch-and-go operations count toward daily operations limits.
(a) Shall be limited to daytime hours; and
(b) Night training is strictly prohibited.
(5) Noise and community impact mitigation.
(a) The operator shall implement noise-abatement procedures consistent with FAA guidance and town policy.
(b) Training flights shall be conducted in designated practice areas to minimize overflight of residential neighborhoods.
(6) Compliance and enforcement.
(a) The program shall comply with all applicable FAA regulations and town ordinances.
(b) Violation of these provisions or conditions of approval shall constitute grounds for modification, suspension or revocation of the special use permit.
(F) Restaurant (special use). Subject to IBC/IFC compliance, building permit, parking and Health Department approvals.
(G) Service and sales (special use).
(1) Limited to small aircraft, 12,500 pounds;
(2) Must comply with FAA AC 43.13-1B for inspection/repair standards; and
(3) Subject to state and local business licensing requirements.
(H) Shell hangars (special use).
(1) Occupancy classification. Hangars shall be classified as IBC Group S-1 (Moderate-Hazard Storage) and must meet all IBC/IFC requirements for fire protection, ventilation and construction standards.
(2) Aircraft type. Hangars are limited to the storage and protection of small aircraft with a maximum certificated takeoff weight of 12,500 pounds or less.
(3) Non-aviation use. Any non-aviation use or occupancy requires special or conditional use approval and the appropriate building or tenant improvement permit.
(4) Structure requirements. Hangars must remain fully enclosed structures intended solely for aircraft storage and protection. Residential occupancy and unrelated commercial uses are prohibited.
(5) Permitted uses. Hangars shall be used primarily for aeronautical purposes. Permitted uses include:
(a) Aircraft storage. Storage of active, airworthy aircraft. The maximum number of allowed aircraft based in a small airport is 29 and the maximum number of hangars allowed is 29. The airpark currently has 29 hangars;
(b) Aircraft construction and maintenance. Non-commercial construction, maintenance, repair or refurbishment of amateur-built or kit-built aircraft, provided activities are conducted safely and in compliance with IBC/IFC requirements;
(c) Aircraft equipment storage. Storage of tools, work benches, tow bars, glider equipment and other materials used to service, maintain or outfit aircraft;
(d) Aeronautical equipment. Storage of gear directly supporting aeronautical activity, including balloon or skydiving equipment, office equipment and training materials;
(e) Incidental storage. Limited storage of personal or non-aeronautical items (e.g., furniture, televisions), provided such items do not interfere with aircraft movement, access or the hangar’s primary aeronautical use; and
(f) Aircraft refurbishment. Maintenance, repair or refurbishment of aircraft is permitted, but indefinite storage of non-operational aircraft is prohibited.
(6) Shell hanger prohibited uses. The following are prohibited unless specifically approved as a special or conditional use:
(a) Residential occupancy. Sleeping quarters, overnight lodging or residential use;
(b) Unrelated commercial activity. Industrial, retail, restaurant, entertainment or assembly uses not directly supporting aviation;
(c) Non-aircraft storage. Vehicles, boats, trailers/motorhomes (equipped with on board sewage capacity or equipment unrelated to aircraft operations, except for a vehicle temporarily parked while the owner is using the aircraft;
(d) Hazardous storage. Hazardous materials not directly related to aircraft maintenance or operation;
(e) Interference. Any use or storage that impedes aircraft movement, blocks access or displaces aircraft from the hangar’s primary aeronautical purpose; and
(f) Other aircraft. Helicopters, gyrocopters, drones and rotoblade aircraft.
(I) Special events (special use). Must comply with AMUZ operational limitations, have town approval at least 60 days in advance under the town special event permit application, and submit a temporary safety/emergency operations plan for approval by the Town and County Fire Marshal.
(J) Caretaker dwellings (conditional use). Only one caretaker dwelling is permitted per airpark or nonresidential development, subject to conditional use approval.
(K) Café (conditional use). Subject to IBC/IFC compliance, Health Department approvals and site plan review.
(L) Crew rest facilities in a hangar (conditional use).
(1) Purpose. A crew rest facility is a small, enclosed area within a hangar where pilots, mechanics or other crew members may rest for short periods. It is not a residential unit.
(2) Time limits. Use is limited to a maximum of 12 hours per rest period with a minimum of 24 hours between uses.
(a) Crew rest facilities may not be used for permanent, semi-permanent or temporary living quarters.
(b) Short-term rentals, subleasing or other residential use is prohibited.
(a) Must be fully enclosed within the hangar;
(b) Only one room may be designated for crew rest use; and
(c) The maximum size is 300 square feet.
(5) Required amenities. Must include basic kitchen, toilet and washing facilities.
(6) Approvals. Installation requires a TI permit, approval from the Town Fire Authority and County Health Department prior to use.
(M) Aircraft Museum. Conditional use.
(N) Public use (conditional use permit required). See standards in § 154.110.
(Ord. 2026-01, passed 3-25-2026)